DOJ under review for application of charges in J6 cases

k state specifically and many others here but keeping it on Capitol Hill. There is a sleeping giant. Of a case percolating, which could likely impact Jack Smith’s prosecution of former President Donald Trump . So the Supreme Court the highest court in the land, the U. S. Supreme Court on track to review whether the Department of Justice Justice has been improperly applying an obstruction charge that’s on the books to hundreds of defendants that includes Trump. Our national correspondent Alana Austin has been. Hi Good morning, Shaun. Good morning, Emma. Well, I was speaking with attorneys yesterday who

have been heavily involved in these legal challenges and what they say is their concern. The Department of Justice dug deep to find this particular law that is on the books and they say, because it has a 20 year sentencing attached to it, they believe that it is has inflated the potential penalties that these defendants are facing. And former President Donald Trump is one of those individuals who is facing this law that Is on the books. Now. The Supreme Court agreed to take up this case in December, but it has not been scheduled. Yet. Those oral

arguments for this will be taking a look at Joseph W. Fisher versus United States. At issue is whether prosecutors and the DOJ incorrectly applied a financial crimes charge

of obstruction of justice. Of an official proceeding to these defendants now that law was updated after the Enron scandal, and these sources familiar say this type of obstruction should only apply to corruptly interfering with an investigation. And you think of things like witness tampering, intimidating a witness destruction of documents again in a formal investigation. Now, one attorney explained to me for those who assaulted the cops and destroyed

property at the capital. Of course those convictions would stand. However one source believes this felony obstruction law was only applied because the alternative was to slap hundreds of defendants with a far less serious misdemeanor of parading in the capital. The max penalty for that would be six months behind bars for some defendants. The possibility of that obstruction of justice charge was enough to bring them to the table and strike a plea deal. Trump is not specifically mentioned in this case, but he’s one of 330 defendants who faced this unique obstruction charge if the U. S

Supreme Court rules that it cannot be applied to this case than two of the four charges from the Washington, DC, trial would be dropped. And Sean and Emma. The Supreme Court is most likely going to be taking up this case and having those oral arguments in March or April . A decision could be happening as early as June. But again with the presidential immunity legal argument, also playing out for the former president. All of this could delay the trial to several months, potentially this summer. And that could mean it is getting closer and close